151 Wis. 62 | Wis. | 1912
Tbe principal error assigned is that tbe plaintiff was allowed, against objection by defendant, to testify as to tbe substance of conversations bad between himself and defendant’s 'agent, Johnson, previous to tbe issuance of tbe policy, wherein tbe different ownerships of tbe property contained in tbe hotel building was claimed to have been disclosed to Johnson and the property pointed out to him, and wherein, plaintiff testified, it was expressly agreed tbat tbe policy to be written should cover bis individual property, tbe individual property of bis brother, Zera Hammond, and tbe partnership property. Tbe policy insured Hammond Bros. It appeared that in tbe building described in tbe policy tbe plaintiff and bis brother, Zera Hammond, carried on a partnership business known as Hammond Bros., 'and bad partnership property therein; that plaintiff and bis brother each also bad in
It is urged that since the policy was retained hy plaintiff for a period of more than fourteen months without making any objection to the term describing the assured, the written contract is conclusively presumed to represent the actual agreement. Both the trial court and this court have so treated the policy. It is held to represent the actual contract made, and in order to determine what that contract was and is, as written, the testimony which aided in rendering certain the meaning of the term “Hammond Bros.” was received.
Error is also assigned because the evidence does not support the first finding of the jury, and because the court refused to set aside findings 2, 3, and 4. A careful examination and consideration of the evidence does not convince us that the assignment of error is well taken.
By the Court. — Judgment affirmed.